Md Jaharuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15871 of 2023 Arising Out of PS. Case No.-178 Year-2022 Thana- PAKRIDAYAL District- East Champaran ====================================================== Md Jaharuddin S/O Nasrudin Village Shikarganj Ward No06, Ps Shikarganj District East Champaran ... ... Petitioner/S

Versus

The State Of Bihar The Advocate General Bihar Patna High Court ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar No.Iii For the Opposite Party/s :

Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 413, 414/34 of the Indian Penal Code.

3. According to the FIR, prosecution case relates to recovery of one motorcycle without number place which is said to be stolen property. The petitioner petitioner was apprehended on spot with the said vehicle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case on the basis of suspicion. The petitioner has no concern with the alleged seized motorcycle or with co-accused persons. Nothing has been

Patna High Court CR. MISC. No.15871 of 2023(4) dt.29-08-2023 2/2 recovered from conscious possession of the petitioner and the said motorcycle has not been put on TIP. There is also no any single evidence which shows the motorcycle is stolen or not. It is further submitted that the petitioner is languishing in judicial custody since 10.7.2022.

5. Learned APP appearing for the state has opposed the prayer of regular bail the petitioner has got five criminal antecedents.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Pakridayal P.S. Case No. 178 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, East Champaran.

(Sunil Kumar Panwar, J) Amandeep/- U T